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Major Federal 
Legislation Affecting 
Social Welfare 
- -. 1961-1965 

Boston Public Lihmrv 



Public Library 
Superintendent of Documents 

JUN 8-1965 
DEPOSITORY 




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U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE • Welfare Administration 



MAJOR FEDERAL LEGISLATION AFFECTING SOCIAL WELFARE 

1961 - 1965 



This publication contains reference material relating 
to "Social Change through Social Welfare and the Law," 
theme of the 1965 Forum of the National Conference of 
Social Welfare. 



U. S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE 
n ';_ Welfare Administration 



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TABLE OF CONTENTS 

Page 
Summary List of Federal Legislation 1 

Juvenile Delinquency and Youth Offenses Control Act 

of 1961 — P.L. 87-274 4 

I 

Manpower Development and Training Act of 1962 — 

P.L. 87-415 4 

Public Welfare Amendments of 1962 — P.L. 87-543 5 

Maternal and Child Health and Mental Retardation 

Planning Amendments of 1963 -- P.L. 88-156 15 

Mental Retardation Facilities and Community Mental 

Health Centers Construction Act of 1963 — P.L. 88-164 16 

Vocational Education Act of 1963 — P.L. 88-210 18 

Manpower Development and Training Act Amendments 

of 1963 — P.L. 88-214 21 

Civil Rights Act of 1964 — P.L. 88-352 22 

Juvenile Delinquency and Youth Offenses 

Control Act Extension — P.L. 88-368 30 

The Economic Opportunity Act of 1964 -- P.L. 88-452 31 

Foster Care for Dependent Children -- P.L. 88-641 36 

OASDI, and Other Amendments to the Social Security Act 

and the Internal Revenue Code of 1954 -- P.L. 88-650 37 

Appalachian Regional Development Act of 1965 -- P.L. 89-4 38 

Elementary and Secondary Education Act of 1965 — P.L. 89-10 ... 39 

Social Security Amendments of 1965 — H.R. 6675 40 



MAJOR FEDERAL LEGISLATION AFFECTING SOCIAL WELFARE 

1961 - 1965 



The four years from 1961 to 1965 have seen major advances in Federal 
support for programs of interest and importance to the social welfare 
conmunity. The mere listing of acts affecting the Department of Health, 
Education, and Welfare indicates the wide variety of new and expanded 
Federal or Federally supported activities which have been undertaken since 
1961. These acts include: 



Health 



P.L. 87-781 
P.L. 87-88 

P.L. 87-838 

P.L. 87-395 

P.L. 87-262 

P.L. 87-692 

P.L. 87-761 

P.L. 87-868 

P.L. 88-129 

P.L. 88-156 

PoL. 88-164 

P.L. 88-206 
P.L. 88-424 

P.L. 88-443 

P.L. 88-497 

P.L. 88-581 
P.L. 88-379 
P.L. 88-597 

P.L. 88-625 
P.L. 88-654 



Drug Amendments of 1962 

Federal Water Pollution Control Act 

of 1961 
National Institute of Child Health 

and Human Development 
Community Health Services and Facilities 

Act of 1961 
Transfer of Freedmen's Hospital to 

Howard University 
Health Clinics for Migratory Workers 
Air Pollution Act 
Vaccination Assistance Act of 1962 
Health Professions Educational Assistance 

Act 
Maternal and Child Health and Mental 

Retardation Planning Amendments of 1963 
Mental Retardation Facilities and Conmunity 

Mental Health Construction Act of 1963 
Clean Air Act 
Medical Care for Self-Employed Commercial 

Fishermen 
Hospital and Medical Facilities Amendments 

of 1964 
Graduate Public Health Training Amendments 

of 1964 
Nurse Training Act of 1964 
Water Resources Research Act of 1964 
District of Columbia Hospitalization of 

the Mentally 111 Act 
Food Additives Extension 
Loans to Students of Optometry 



Education 



P.L. 87-415 



P.L. 


87-22 


P.L. 


87-276 


P.L. 


87-715 


P.L. 


87-294 


P.L. 


87-344 


P.L. 


87-835 


P.L. 


87-447 


P.L. 


87-786 


P.L. 


88-204 


P.L. 


88-210 


P.L. 


88-214 


P.L. 


88-269 


P.L. 


88-665 


Welfare 




P.L. 


87-31 


P.L. 


87-543 


P.L. 


87-64 


P.L. 


87-274 


P.L. 


87-510 


P.L. 


87-301 


P.L. 


88-48 


P.L. 


88-150 


P.L. 


88-368 


P.L. 


88-641 


P.L. 


88-650 


P.L. 


88-345 


P.L. 


88-347 


P.L. 


88-353 


P.L. 


88-382 



Manpower Development and Training Act 

of 1962 
Vocational Education for Practical Nurse 

Training 
Training of Teachers of the Deaf 
Captioned Films for the Deaf 
American Printing House for the Blind 
Extension of National Defense Education 

Act and Impacted Area Program 
Repeal of Disclaimer Affidavit in NDEA 
Educational Television 
Surplus Property for Special Education Schools, 

Educational Television and Radio Stations, 

and Public Libraries 
Higher Education Facilities Act of 1963 
Vocational Education Act of 1963 
Manpower Development and Training Amend- 
ments of 1963 
Library Services and Construction Act 
National Defense Education Act Amendments 

of 1964 



Public Assistance Amendments of 1961 

(Aid to Dependent Children of Unemployed 

Parents) 
Public Welfare Amendments of 1962 
Scclal Security Amendments of 1961 
Juvenile Delinquency and Youth Offenses 

Control Act of 1961 
Migration and Refugee Assistance Act 

(Cuban Refugee Program) 
Alien Orphan Legislation 
AFDC Foster Care Administrative Extension 
Federal Credit Union Amendments 
Juvenile Delinquency and Youth Offenses 

Control Act Extension 
Foster Care for Dependent Children 
OASDI, and Other Amendments to the Social 

Security Act 
Extension of AFDC Foster Care 
Extension of Temporary Assistance to 

Repatriated Citizens 
Federal Credit Union Act Amendments 
Nevada Social Security System 



- 2 - 



Related Legislation 

P.L. 87-27 Area Redevelopment Act 

P.L. 88-352 Civil Rights Act of 1964 

P.L. 88-452 Economic Opportunity Act of 1964 

Malor Legislation. January-April 1965 

P.L. 89-4 Appalachia Development 

P.L. 89-10 Elementary and Secondary Education 

Act of 1965 
H.R. 6675 Social Security Amendments of 1965 

Some of these Acts have passing interest for the social welfare com- 
munity; others are of vital interest. The purpose of this paper is to 
summarize those Federal laws which have substantial and significant import. 
Those selected for summarization are: 

1. Juvenile Delinquency and Youth Offenses Control Act of 

1961 — P.L. 87-274. 

2. Manpower Development and Training Act of 1962 -- P.L. 87-415. 

3. Public Welfare Amendments of 1962 -- P.L. 87-543. 

4. Maternal and Child Health and Mental Retardation Planning 

Amendments of 1963 — P.L. 88-156. 

5. Mental Retardation Facilities and Community Mental Health 

Construction Act of 1963 -- P.L. 88-164. 

6. Vocational Education Act of 1963 -- P.L. 88-210. 

7. Manpower Development and Training Amendments of 1963 -- P.L. 88-214. 

8. Civil Rights Act of 1964 — P.L. 88-352. 

9. Juvenile Delinquency and Youth Offenses Control Act Extension -- 

P.L. 88-368. 

10. Economic Opportunity Act of 1964 — P.L. 88-452. 

H. Foster Care for Dependent Children -- P.L. 88-641. 

12. OASDI, and Other Amendments to the Social Security Act — 
P.L. 88-650. 



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1. Juvenile Delinquency and Youth Offenses Control Act of 1961 — P.L. 87-274, 

On September 22, 1961, President Kennedy signed the Juvenile Delinquency 
and Youth Offenses Control Act. This legislation, the first major attempt 
by the Federal Government to support developmental activity in the field of 
juvenile delinquency prevention and control, was aimed at assisting in the 
development of techniques for the prevention and control of juvenile delin- 
quency and youth offenses. It also had as its purpose the encouragement of 
coordination of governmental and nongovernmental educational, employment, 
health, welfare, law enforcement, correctional, and other agency efforts 
concerned with these problems. 

Major provisions of the law 

Demonstration projects ; The Secretary of Health, Education, and 
Welfare is authorized to make grants to governmental or nonprofit agencies, 
organizations, or institutions for the demonstration or evaluation of 
effectiveness of improved methods for the prevention and control of juvenile 
delinquency and youth offenses. 

Training of personnel ; Grants were authorized for the training of 
persons employed or preparing for employment in programs for the prevention 
or control of juvenile delinquency or youth offenses. Such training programs 
may Include the development of courses of study and the establishment of 
short-term traineeships, among other things. 

Technical assistance ; The Secretary of Health, Education, and 
Welfare Is authorized to make studies related to the prevention and control 
of juvenile delinquency and to render assistance to governmental and non- 
governmental agencies in these matters, and to disseminate materials in 
these areas. 

Appropriations ; For carrying out the Act, an appropriation of 
$10 million was authorized for fiscal year 1962 and the two succeeding years. 

2. Manpower Development and Training Act of 1962 — P.L, 87-415 

On March 15, 1962, President Kennedy signed into law the Manpower Develop- 
ment and Training Act of 1962. This Act authorized a 3-year $435 million 
nationwide program to train the unemployed and upgrade the skills of the 
underemployed. Its basic objective was to reduce hard-core imemployment by 
enabling workers whose skills have become obsolete to receive training which 
will qualify them to obtain and hold full-time jobs. It also authorizes 
research in problems of manpower. 

Major provisions of the legislation 

Training and Skill Development Programs ; The Act provides that the 
Secretary of Labor shall be responsible for identlflcatien of occupational 

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training needs, selection of trainees through a program of testing and 
counselling, and placement of persons who are trained. Before selecting a 
person for training, it must be determined that there is a reasonable expec- 
tation of employment in the occupation for which the person is trained. 
The Secretary of Labor is also responsible for administering, through agree- 
ments with States, a program of weekly training allowances for tmemployed 
persons undergoing training. These allowances were limited to 52 weeks. 
Unemployed persons who had had at least three years experience in gainful 
employment and were either heads of families or heads of households were 
eligible for regular training allowances. Special allowances were provided 
for youths over nineteen but under twenty-two years of age. 

The Secretary of Labor was also responsible for encouraging, 
developing, and securing the adoption of programs for on-the-job training. 

The Secretary of Health, Education, and Welfare was authorized to 
enter into agreements with States under which the appropriate State voca- 
tional education agencies will provide the training needed to equip persons 
referred by the Department of Labor. State agencies shall provide the 
vocational training through public education agencies or institutions or 
where these are inadequate through arrangements with private educational 
institutions. The Secretary of Health, Education, and Welfare may also con- 
tract directly with public or private educational institutions when a State 
has not entered into an agreement or when a State does not provide certain 
training under an agreement. 

Evaluation. Information, and Research ; The Secretary of Labor is 
required to evaluate the impact of automation and technological progress on 
human resources, factors affecting the mobility of workers, and future man- 
power needs. He is to promote programs of information about manpower 
requirements, development, and utilization, and shall report to the President, 
and the President to the Congress on these areas and on training. 

Authorizations : The Act authorized $100 million for fiscal year 
1963, and $165 million for the succeeding two years for carrying out the 
programs. Training costs and training allowances were to be met fully from 
Federal funds through fiscal year 1964. In fiscal year 1965 the financing 
was to be on a 50-50 Federal-State matching basis. Criteria were established 
for the apportionment of funds among the States. 

3. Public Welfare Amendments of 1962 — P.L. 87-543. 

The Public Welfare Amendments of 1962, signed by President Kennedy on 
July 25, 1962, are among the most Important changes in the Social Security 
Act in that Act's history. The amendments emphasize rehabilitation, 
services, and the training of staff, liberalize payments, and provide States 
with significant tools for making public welfare programs more effective. 



On signing the Act, President Kennedy said, 

"This measure embodies a new approach-- stressing services in addition 
to support, rehabilitation instead of relief, and training for useful work 
instead of prolonged dependency. This important legislation will assist 
our states and local public welfare agencies to redirect the incentives and 
services they offer to needy families and children and to aged and disabled 
people. Our objective is to prevent or reduce dependency and to encourage 
self-care and self-support--to maintain family life where it is adequate and 
to restore it where it is deficient." 

Major provisions of the legislation 

Improvement in Services 

Rehabilitative Setvices and Training ; The new law places increased 
emphasis on encouraging the States to furnish rehabilitative and other social 
services to the needy aged, blind, and disabled, and dependent children. The 
services are directed to help the aged to attain or retain capacity for self- 
care, the needy blind and disabled to achieve self-support or self-care, and 
dependent families and children to strengthen their family life. Under the 
program of aid to families with dependent children, services for relatives 
caring for children are directed toward maximum self-support and personal 
independence consistent with the maintenance of continuing care and protec- 
tion for the dependent children. The legislation also provides specific 
authority for Federal participation in the cost of providing social services 
to applicants for and recipients of medical assistance for the aged. 

Additional Federal financial participation is made available in the 
cost of providing those self-care and self-support services which the Secre- 
tary prescribes, other services specified as likely to prevent or reduce de- 
pendency, and for the cost of training staff to administer public assistance 
programs. Effective September 1, 1962, the Federal share is 75 percent of 
the cost of providing those social services which the Secretary has pre- 
scribed or specified and for training. The Federal share of the cost of 
providing other social services and other costs of administration remains at 
50 percent. As of July 1, 1963, the full Federal share of 75 percent of 
expenditures for services and training would be available only to those 
States that offered the minimum group of the services the Secretary has pre- 
scribed. 

The public welfare agency will continue to provide services by the 
use of its own staff as under former law. The new law provides that, sub- 
ject to limitations prescribed by the Secretary, where a State welfare 
agency determines that it or the local agency cannot offer necessary services 
economically or effectively, and that these services are not otherwise 



- 6 - 



reasonably available, they may be purchased by agreement from other State 
agencies. With respect to vocational rehabilitation services (as defined 
by the Vocational Rehabilitation Act) when those are available through the 
vocational rehabilitation agency or when the vocational rehabilitation 
agency is able and willing to provide them pursuant to agreement, such 
services may not be provided by the State or local public assistance agency 
with Federal financial participation nor through arrangement with any other 
State agency. 

Under prior law, the Federal government could participate in the 
cost of providing social services only to applicants for and recipients of 
public assistance. The new legislation offers Federal financial participa- 
tion in the cost of providing services also to former applicants and 
recipients and persons likely to become applicants or recipients, on request 
of such persons; in both these instances under limitations specified by the 
Secretary. 

Demonstration Projects ; In order to encourage States to develop 
new ideas and new approaches to the problems recipients bring to the public 
welfare agencies, the amended law would encourage the States to experiment 
in new methods of providing assistance and social services. The Secretary 
is authorized to waive plan requirements for demonstration projects under- 
taken by the States which are designed to carry out the purposes of the 
program. For instance, the demonstration projects would not have to be on 
a State-wide basis. The legislation also authorizes up to $2 million per 
year of Federal funds appropriated for public assistance to be used to 
assist in paying that portion of the cost not already subject to Federal 
participation. 

Child Welfare Provisions 

Increase in Authorization of Appropriations for Child Welfare 
Services ; Under the previous law (part 3 of title V of the Social 
Security Act), $25,000,000 per year was authorized to be appropriated for 
grants to the States for child welfare services. The new law increases 
the authorization to $30,000,000 for fiscal 1963, $35,000,000 for fiscal 
1964, $40,000,000 each for fiscal 1965 and 1966, $45,000,000 each for 
fiscal 1967 and 1968, and $50,000,000 per year thereafter. 

Child Welfare State Plan Provisions ; Part 3 of title V of the 
Social Security Act provides for grants to States for the use of cooper- 
ating State public welfare agencies in carrying out the State plan 
developed jointly by the State agency and the Secretary. The new law adds 
the following requirements, effective July 1, 1963: 

1. Inclusion in the plan of provision for coordination between 
the services provided under it and those which are provided for children 
under the State plan relating to dependent children which is approved 
under title IV of the Act. 



2. A showing by the State that it is extending child welfare 
services in the State with a view to making them available throughout the 
State to all children in need of them by July 1, 1975; the services are 
to be provided by the staff of the State or local public welfare agency 
who would, to the extent feasible, be trained child-welfare personnel; 

in providing for this extension of services priority is to be given to com- 
munities with the greatest need for them, after considering their relative 
financial need. 

3. Inclusion in the plan, if it provides for day care, of pro- 
vision for: 

Cooperative arrangements with the State health and educa- 
tion agencies to assure maximum utilization of them in the 
provision of health services and education for children 
receiving such day care; 

An advisory committee, to advise the State public welfare 
agency on the general policy involved in the provision of day 
care under the State plan, which shall include among its 
members representatives of other State agencies concerned 
with day care or services related thereto and persons repre- 
sentative of professional or civic or other public or non- 
profit private agencies, organizations or groups concerned 
with the provision of day care; 

Such safeguards as may be necessary to assure provision 
of day care under the plan only in cases in which it is in 
the best interest of the child and the mother and only in 
cases in which it is determined, under criteria established 
by the State, that a need for such care exists, and in the 
cases in which the family is able to pay part or all of the 
costs of such care, for pajroent of such fees as may be reason- 
able in the light of such ability; and 

Giving priority, in determining the existence of need for such 
day care, to members of low-income or other groups in the popu- 
lation and to geographical areas which have the greatest 
relative need for extension of such day care. 

Day Care ; Under the new law, up to $5,000,000 of Federal child 
welfare funds could be earmarked for day care for the fiscal year 1963, and 
up to $10,000,000 for fiscal 1964 and each year thereafter. These earmarked 
funds are to be allotted among all States in relation to the State's child 
population and per capita income, except that no State would receive less 
than $10,000 for day care services. The States are required to match these 
ftmds with funds spent for child welfare services under the State child wel- 
fare plan. 



8 - 



Definition of Child Welfare Services; The purposes for which grants 
to the States, under part 3 of title V, may be used is clarified and somewhat 
broadened through the addition of a definition of child-welfare services. 

Training of Child Welfare Personnel ; The previous law (sec. 526(a) 
of the Social Security Act) , which authorized grants for research and danon- 
strations in the field of child welfare, is amended so as to add authoriza- 
tion for grants for special projects for training personnel in the field of 
child welfare. These special projects could also Include traineeships. 

Incentives to Public Assistance Recipients 

Each of the public assistance titles of the Social Security Act 
has been so amended as to require States in determining need to take into 
consideration expenses reasonably attributable to the earning of income. 

In addition, title I has been so amended as to permit the States 
in determining need for old-age assistance to disregard the first $10 of 
earned income plus one-half the remainder of the first $30. This becomes 
effective January 1, 1963. 

This new law also gives the States the option in their aid to 
dependent children programs under title IV to permit income to be set aside 
for the future identifiable needs of children receiving aid, subject to 
limitations prescribed by the Secretary. 

The law also amends title X to prescribe an additional exemption 
of income and resources in aid to the blind, effective July 1, 1963, to 
individuals who are under a plan for achieving self-support by providing 
that for a period not in excess of 12 months, any additional amounts of 
income and resources necessary for the fulfillment of the plan shall be 
disregarded. Present law provides only for disregarding the first $85 of 
earned income plus one-half of earned income in excess of $85 . 

Increase in Federal Matching Formula for the Aged. Blind and Disabled ^ 
and Federal Share of Assistance to Both Parents of Dependent Children 

The Congress previously voted to change, for a temporary period, the 
matching foimula determining the Federal share of assistance expenditures to 
enable the States to Increase payments to the needy aged, blind, and disabled 
by $1 a month. 

The legislation became effective October 1, 1961, and expired June 30, 
1962. The new law would extend this $1 increase in the formula, and effective 
October 1, 1962, the Federal share would also be increased by about an addi- 
tional $4. Under the new legislation States will receive Federal funds to 
enable them to increase assistance payments to the needy aged, blind, and 



disabled by $4 per month. The formula change Is accomplished by increasing 
the Federal share from 4/5 of the first $30 of the average assistance pay- 
ment to 29/35 of the first $35 of the average monthly assistance payment. 
The maximum average amount subject to Federal participation is increased 
from $66 to $70 a month. The additional $15 in old-age assistance for 
medical payments continues and therefore the total maximum in old-age 
assistance is $85 a month. 

The House Ways and Means Committee, Senate Finance Committee and 
the Conference Committee of the two houses made clear that they expected and, 
on the basis of past experience with similar increases, believed that the 
additional Federal funds would be used to improve payments to aged, blind, 
and disabled recipients. 

To reflect these increases in Federal matching, the annual dollar 
limitation on public assistance payments for Puerto Rico is increased from 
$9,500,000 to $9,800,000; for the Virgin Islands from $320,000 to $330,000; 
and for Guam from $430,000 to $450,000. 

Under previous provisions of law, the Federal Government could 
recognize for financial participation in State expenditures for aid to 
dependent children the needs of only one parent or other relative caring 
for the dependent child. Under the new law, effective October 1, 1962, 
both parents may be counted for Federal financial participation when both 
are living in the home with children deprived of parental care and support 
because of the incapacity or unemployment of a parent. 

The ADC Program 

Change in Name ; Effective upon enactment, the new law made a 
number of changes in title IV of the Social Security Act which provides for 
grants to the States for aid to dependent children. The name of the program 
is changed to "Grants to the States for Aid and Services to Needy Families 
with Children." This change reflects the new emphasis on providing social 
services to families. 

Aid to Children of Unemployed Parent ; The temporary legislation 
enacted in 1961 authorizing Federal financial participation for 14 months 
in assistance to children in need, and deprived of parental care and support 
because of the unemployment of a parent, has been extended to June 30, 1967. 
A provision was added for the denial of assistance if and for as long as 
the ttnemployed parent refuses to accept retraining without good cause. 

Community Work and Training Programs ; The new legislation makes 
it possible for the Federal Government to participate in certain costs of 
commxmity work and training programs of a constructive nature designed to 



- 10 



conserve and develop work skills. Prior to this, the Federal Government 
could participate only in money pa3mients with respect to a needy child 
as well as medical care in his behalf. The provision authorizes Federal 
financial participation in payments for work petformed by recipients of 
aid to needy families with children who are over 18 years of age. There 
is no Federal sharing in the cost of materials, equipment, or job super- 
vision. The work must be performed for a State agency or any other public 
agency under a program (which need not be in effect throughout all parts 
of the State) administered by or under the supervision of the State agency 
and there must be State financial participation in the expenditures. 
Furthermore, the State plan must include the following: 

(a) Provisions which in the judgment of the Secretary provide 
reasonable assurance that appropriate standards for health, safety, and 
other conditions of work are established and maintained; that payment for 
work will be no lower than the minimum rate established by State law and 
not less than prevailing community rates for similar work; that the projects 
will serve a useful public purpose and not result in the displacement of 
regular workers, and (except in the case of emergency work or that of a 
non-recurring type) have not normally been undertaken by the State or com- 
munity; that additional expenses reasonably attributable to work are con- 
sidered in determining need; that the worker will have reasonable opportu* 
nity to seek regular employment and receive any available and appropriate 
training or retraining; that work performed be under the State's workmen's 
compensation law or comparable protection; and aid will not be denied for 
refusal for good cause to perform work. 

(b) Provisions for entering into cooperative arrangements with 
the State public employment system with appropriate provisions for regis- 
tration and re-registration, £md that maximum utilization is made of its 
job placement services and facilities. 

(c) Provisions for entering into cooperative arrangements with 
the State agency administering or supervising the administration of voca- 
tional education and adult education to encourage training and re-training 
and otherwise assist in preparing for regular employment. 

(d) Provisions to assure appropriate arrangements for the care 
and protection of the child during the relative's absence at work. 

(e) Provision that there be no adjustment or recovery for pay- 
ments correctly made for work. 

A number of States have had work programs in some or all locali- 
ties for years. Upon the extension of aid to dependent children because 
of imemployment some of these programs have been redirected. For States 
that made payments for work performed by the ADC parent or relative and 
met the new provisions (with certain exceptions). Federal financial 



- 11 - 



participation is retroactive to July 1, 1961. All of the new provisions in 
the law Imposing State plan requirements pertinent to community work and 
training programs are effective after October 1, 1962. The provisions 
expire June 30, 1967. Prior to Janxiary 1967, the Secretary is to report 
the experience of the States with this program to the President for trans- 
mission to the Congress. 

Foster Care for Certain Children ; Effective May 1, 1961, title IV 
was amended to authorize Federal financial participation for a temporary 
period expiring June 30, 1962, in payments for the foster family care of 
children receiving aid to dependent children. For those children who are 
receiving aid to dependent children but are without proper care and protec- 
tion in their own homes, the agency may make an alternative plan. The 
Federal Govenmient shares in the States' payments for foster care as a proper 
aid to dependent children expenditure where certain conditions are met. 
These include removal of the child from his home as a result of a judicial 
determination that conditions are contrary to his welfare, that the ADC 
agency has responsibility for his placement and care in a licensed or ap- 
proved foster family home (with exceptions as subsequently indicated) and 
that the child otherwise remains eligible. The new legislation makes this 
provision permanent. 

In addition, the new law provides for Federal financial participa- 
tion in payments for foster care in child-care institutions under the same 
conditions as prescribed for foster family care. This provision is effec- 
tive from October 1, 1962 through Septenber 30, 1964. 

Responsibility for Placement and Care : In some States children 
placed in foster homes following a judicial determination become wards of 
the court and the probation department of the court arranges for placement 
and care. In other States there are separate agencies administering public 
assistance and child welfare and legal responsibility for foster care pro- 
grams is with the agency administering child welfare. The new law amends 
the foster care provisions of title IV for a temporary period beginning 
October 1, 1962 until June 30, 1963 to permit the responsibility for a 
child recipient of aid to dependent children in foster care to be with 
another public agency providing there is in effect an agreement with the 
ADC agency under which a plan for each child will be made and other objec- 
tives of the program carried out in a manner satisfactory to the ADC agency. 
By March 31, 1963, the Secretary is to submit a report of the administration 
of this provision with recommendations for its continuation or modification. 

Services for Each Child ; Each State plan must provide for the 
development and application of a program for welfare services for each child 
recipient as necessary for the needs of such child as well as the coordina- 
tion of such programs with the State's child welfare services plan toward 
providing the services that will best promote the welfare of the child and 
his family. 



- 12 - 



Authority to States to Prevent Misuse of ADC Payments : When the 
State agency has reason to believe that payments are not used in the best 
interests of the child, counseling and guidance may be provided to the 
relative with respect to the use of such payments. The State agency is 
also authorized upon continued failure to extend the payment for the best 
interest of the child, to advise the relative that continued failure will 
result in a protective payment or seeking the appointment of a guardian or 
legal representative. States are also authorized, after so advising the 
relative, to take action for the imposition of criminal or civil penalties 
by a court of competent jurisdiction. 

Protective Payments : In order to meet the problem of certain 
families receiving aid to dependent children where the assistance payments 
are not being spent for the well-being of the child, the new law permits 
protective payments. These are payments which would be recognized as money 
payments except that they were made to an individual who is interested in 
the welfare of the family but is not a specified relative under title IV. 
The State plan under which these payments are made must provide for: 

(1) A determination by the State agency that such payments are 
necessary because the relative with whom the child is living is so unable 
to manage funds that making payments to him is contrary to the welfare of 
the child; 

(2) Making such payments only when they (together with other 
income and resources) meet all needs of the family receiving them, accord- 
ing to State plan standards otherwise applicable for determining need and 
amount of ADC; 

(3) Undertaking and continuing special efforts to develop the 
ability to manage funds on the part of the relative; 

(4) Periodic review of the situation to determine the need for 
continuing such payments, terminating them if not necessary, and seeking 
judicial appointment of a guardian or legal representative if the need for 
such payments continues beyond a period specified by the Secretary; 

(5) Aid in the form of foster family care; and 

(6) Opportunity for fair hearing on the determination of the need 
for a protective payment. 

The number of individuals for whom protective payments are made in 
any month who may be counted may not exceed 5 percent of other recipients 
under this program during the month. 

Operation of State Plans for ADC ; The provision in title IV added 
in 1961, the effect of which is to confirm that aid cannot be denied a child 



- 13 - 



because of conditions in his home while the child continues to live in the 
home, has been amended. Federal funds may not be withheld when aid must be 
denied under a State statute because of home conditions when adequate care 
and assistance for the child is otherwise provided pursuant to a State 
statute . 

Training of Public Welfare Personnel 

In addition to the provision of 75 percent Federal financial parti- 
cipation in State expenditures for training of public welfare staff, the new 
law also strengthens sec. 705 of the Social Security Act to help increase 
the number of trained welfare personnel. There is an authorization for an 
appropriation of $3,500,000 for the fiscal year 1963, and of $5,000,000 for 
each fiscal year thereafter. 

An amount as determined by the Secretary not In excess of $1,000,000 
for the fiscal year 1963 and $2,000,000 each fiscal year thereafter is avail- 
able to provide direct training for State and local agency staff and to pay 
the cost of stipends and scholarships of persons trained iu schools of 
social work or other training institutions for employment in public welfare 
agencies. The remainder of the appropriated sums will be allotted to the 
States by the Secretary on the basis of population, and the relative need 
for trained public welfare personnel. 

Like previous authorizations for funds for training, the implementa- 
tion of this section is dependent upon moneys being appropriated. 

Simplification of Categories 

Under a new title, title XVI, the law gives the States an option 
to submit a single State plan for aid to the aged, blind, and disabled and 
medical assistance for the aged. Certain States having a separate agency 
administering aid to the blind are permitted to retain the administration 
of the portion of the approved plan that relates to blind individuals under 
title XVI under that agency. In general, the plan requirements. Federal 
sharing, and other provisions now in the separate titles are incorporated 
in the new title. The provisions for separate and additional Federal 
financial participation for medical care in old-age assistance would apply 
in the case of medical care for all recipients of aid to the aged, blind, 
or disabled under the new title. Combining three programs into a single 
plan permits averaging assistance payments for the aged, blind, and disabled. 

A State electing to combine its programs and receive payment for 
expenditures under title XVI could not receive pa3m>ent for expenditures 
under titles I, X, or XIV in the same period (with certain exceptions to 
take account of the mechanics of terminating the old programs). 



- 14 - 



Advisory Council 

The law auChorlzes the appointnnent of an advisory council to review 
the administration of the public assistance and child welfare programs. 
Twelve persons would be appointed by the Secretary in 1964 representative 
of employers, enployees. State or Federal agencies concerned with adminis- 
tering or financing public welfare programs, private welfare organizations, 
persons with special knowledge and experience, and members of the public. 
They are to make a report of findings and recommendations by July 1, 1966. 
There is authorization for the appointment of an advisory council from time 
to time thereafter. 

The Secretary is also authorized to appoint advisory conmittees to 

advise and consult with him in carrying out any of his functions under the 

Social Security Act. A report shall be made to the Congress annvxally on 

the use of advisory committees and the membership and activities of each 
conmittee . 

Other Provisions 

The new law extends for two years the authorization made in 1961 
for a temporary program of assistance to United States citizens returned 
from foreign countries because of destitution, illness, or other emergency 
and who are without available resources. 

Special legislation relating to aid to the blind enacted in 1950 
authorized for a temporary period the approval of certain State plans under 
title X which did not meet the requirements for the consideration of Income 
and resources. This provision, which affects only a few States, has been 
extended from time to time. The new law amends title X of the Social Secu- 
rity Act to Incorporate the provisions of the 1950 legislation on a permanent 
basis. 

4. Maternal and Child Health and Mental Retardation Planning Amendments 
of 1963 — P.L. 88-156. 

On October 24, 1963, President Kennedy signed into law amendments to 
the Social Security Act that represent one of two major pieces of legislation 
formulated to prevent and combat mental retardation in the United States. 
The amendments are designed to carry out, over the next several years, a 
number of the recommendations made to the President and to the Nation by the 
President's Panel on Mental Retardation. 

Major provisions of the legislation ; The amendments contain five pro- 
visions. 

Planning grants to the States : Authorizes a one-time appropriation 
of $2.2 million for grants to assist the States to plan for and take other 



15 



steps leading to comprehensive State and conmunity action to combat mental 
retardation. These grants will be used to determine what action is needed 
to combat mental retardation in a State, to assess the resources available, 
to develop public awareness of the problem, and to coordinate State and 
local activities relating to prevention, treatment, and amelioration. The 
Federal grant (approximately $40,000 per State) may not cover more than 75 
percent of the cost of such activities. 

Project grants for maternal and infant care t Authorizes a new 
five-year program of grants to public health agencies for projects which 
would provide necessary health care for expectant mothers who are unlikely 
to receive such care either because they are from families with low income 
or for other reasons. Authorized grants total $110 million--$5 million in 
fiscal year 1964, $15 million in 1965, and $30 million each for fiscal years 
1966-1968. The Federal grant may not exceed 75 percent of the cost of any 
project. 

Increases in maternal and child health services ; Expansion of the 
existing Federal-State program is made possible by raising to $50 million 
over a seven-year period, beginning with fiscal year 1964, the present 
annual ceiling of $25 million on Federal funds. 

Increases in crippled children's services : Similarly, Federal funds 
authorized for crippled children's services will be increased, over a seven- 
year period, from the present $25 million a year to $50 million for fiscal 
year 1970 and subsequent years. 

Grants for research relating to maternal and child health and 
crippled children's services : Authorizes up to $8 million per year for 
grants, contracts, or jointly financed cooperative arrangement for research 
projects related to maternal and child health and crippled children's 
services that show promise of substantial contribution to the advancement 
of these programs. 

5. Mental Retardation Facilities and Community Mental Health Centers 
Construction Act of 1963 -- P.L. 88-164. 

President Kennedy, on October 31, 1963, approved new legislation authori- 
zing appropriations of $329 million over a five-year period to provide grants 
for: (a) construction of research centers and facilities related to mental 
retardation; (b) construction and establishment of community mental health 
centers; and (c) training of teachers of handicapped children. (See Table I.) 

Summary of major provisions 

Construction of research centers and facilities for the mentally 
retarded (title I) ; Part A of this title authorizes project grants for the 
construction of public or nonprofit centers for research that would develop 
new knowledge for preventing and combating mental retardation. 



16 - 



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17 



Part B authorizes project grants to assist in the construction of 
public or nonprofit clinical facilities for the mentally retarded, associated 
with a college or university which: (1) provide, as nearly as practicable, 
a full range of inpatient and outpatient services; (2) aid in demonstrating 
provision of specialized services for diagnosis, treatment, training, or 
care; and (3) aid in the clinical training of physicians and other special- 
ized personnel needed for research, diagnosis, treatment, training, or care. 

Part C authorizes formula grants to the States for the construc- 
tion in the communities of public and other nonprofit facilities for the 
care of the mentally retarded . Appropriations will be allotted among the 
States on the basis of population, extent of need for facilities for the 
mentally retarded, and financial need, with a minimum of $100,000 for any 
State. 

Construction of community mental health centers (title II) ; Author- 
izes grants to the States for the construction of public and other nonprofit 
conmunitv mental health centers --facilities providing services for the pre- 
vention or diagnosis of mental illness, or care and treatment of mentally 
ill persons, or rehabilitation of persons recovering from mental illness. 
Grants will be available only for those projects for construction of com- 
munity mental health centers which, alone or together with affiliated 
facilities, will provide for persons in the community and nearby at least 
those essential elements of comprehensive mental health services which are 
prescribed by the Secretary of Health, Education, and Welfare in accordance 
with regulations. 

The provisions relating to allotments among the States and to the 
Federal share of the cost of projects are substantially the same as for 
construction grants for community mental retardation facilities (Part C of - 
Title I). 

Training of teachers of mentally retarded and other handicapped 
children (title III) ; Authorizes grants to institutions of higher learning 
and to State educational agencies to extend and strengthen the existing 
programs for training teachers of mentally retarded children and deaf 
children and to expand these programs to include the training of teachers 
of all handicapped children , including the visually handicapped, the speech 
impaired, the emotionally disturbed, and other health impaired children. 

Title III also authorizes grants to States and to public and non- 
profit private educational or research agencies for research or demonstration 
projects relating to the education of the handicapped. 

6. Vocational Education Act of 1963 — P.L. 88-210. 

On December 18, 1963, President Johnson signed the Vocational Education 
Act of 1963, which improved and expanded programs for vocational education, 



- 18 - 



extended and improved certain provisions of the National Defense Education 
Act, and extended for two years the Federally Impacted Area educational 
assistance program. 

The Act authorizes a new permanent program with appropriations for 
State vocational education programs amounting to $60 million for fiscal 
year 196A, $118.5 million for fiscal year 1965, $177.5 million for fiscal 
year 1966, and $225 million for subsequent fiscal years. Funds are allotted 
among the States on the basis of population groups and a per capita income 
factor. The new fimds may be expended for State and local vocational educa- 
tion programs without categorical limitation under a broadened definition 
of vocational education to fit individuals for gainful employment, embracing 
all occupations, including business and office occupations not now covered 
under existing law. 

The Act authorizes vocational education programs for persons in high 
school, for those out of high school available for full-time study, for 
persons who are unemployed or underemployed, and for persons who have 
academic or socioecononic handicaps that prevent them from succeeding In 
the regular vocational education program. 

Contributing to the improvement of quality in vocational education pro- 
grams are the provisions in the law which authorize expenditure of funds for 
teacher training, program evaluation, special demonstration or experimental 
programs, development of instructional materials, and State administration 
leadership. 

Ten percent of each year's appropriation would be reserved for grants 
by the Commissioner of Education for research and demonstration projects 
in vocational education. 

In addition to the above authorizations, the legislation provides for 
an experimental four-year program for residential vocational education 
schools and payments for student work-study programs. The Commissioner of 
Education is to determine the use of funds for these purposes; it is under- 
stood that one residential vocational education school will be initiated 
for the benefit of residents of the District of Colimbia. Authorizations 
for work-study programs and residential vocational schools are $30 million 
in fiscal year 1965, $50 million in fiscal year 1966, $35 million for fiscal 
year 1967, and $35 million for fiscal year 1968. 

Matching of Federal funds ; P.L. 88-210 requires that State and 
local expenditures continue at the current level of support for vocational 
education but does not require a State to match the new Federal funds for 
program operation in fiscal year 1964. For subsequent fiscal years matching 
on a 50-50 basis is required. In addition. States must assure that Federal 
funds complement but do not replace local and State funds. 



19 - 



Transfer of funds to assure program flexibility ; To assure that 
Federal funds may be used in the State and local vocational education 
programs to meet actual manpower needs and job opportunities, the law 
authorizes a State to transfer funds allotted under George-Barden and 
Smith-Hughes from one category to another or to any occupational training 
covered by the new authority. In such cases the State must justify such 
action as being consistent with the purposes of the Vocational Education 
Act of 1963. 

The law eliminates the "farm practice requirement" and broadens 
the definition of vocational agriculture in the Smith-Hughes and George- 
Barden Acts so as to permit Federal funds to be expended in agricultural 
training programs for occupation related to agriculture in which a knowledge 
and skill of agricultural subjects are involved. Moreover, home econranics 
training under existing law is now limited to preparation for work In the 
home. The new law would permit the use of George-Barden and Smith-Hughes 
money in the home economics category for home economics training not directed 
to home activity but involving homemaking skills for which there were employ- 
ment opportunities. For fiscal year 1966 and subsequently, 10 percent of 
the funds now authorized under Smith-Hughes and George-Barden for home 
economics training would have to be expended by the State for training which 
is job oriented or, in the alternative, transferred to some other training 
program. 

Area vocational schools ; The Act would permit the States to expend 
new fimds for the construction of area school facilities. Although matching 
of Federal funds is not required in fiscal year 1964, Federal funds spent 
in that year for area school construction purposes would be matched on a 
50-50 basis. Because of the national urgency for area school training 
opportunities for out-of-school youths and adults, the report further re- 
quires that at least 33 1/3 percent of the new Federal allotment be expended 
for the construction of such facilities or for the cost of operating programs 
of instruction for this type of student. (Beginning in fiscal year 1968, 
only 25 percent of Federal allotments need be used for the purposes.) 

Periodic analysis of training in relation to the ^ob markets : 
P.L. 88-210 requires the State administering agency to periodically evaluate 
vocational education programs In the light of "current manpower needs and 
Job opportunities." The new law establishes an Advisory Conmittee to advise 
the Commissioner with respect to policies in the administration of the voca- 
tional education program so that Independent judgment will be brought to 
bear upon the great need of relating the program to actual training require- 
ments. In addition, the legislation requires the Secretary to appoint a 
National Advisory Council during 1966 for the purpose of reviewing the 
administering of the vocational education programs aided with Federal fimds 
and to make recommendations regarding their improvement for transmission to 
the Congress not later than January 1, 1968. This coincides with the time 
that the Federal funds reach a plateau. The legislation requires a similar 
council to be formed by the Secretary every five years during the contlnxiation 
of the program. 

- 20 - 



\ 



Practical nurse training ; The law makes the practical nurse train- 
ing program (Title II of George-Barden Act) permanent with authorization of 
$5 million per year. The area technical education program, authorized by 
Title VIII of the National Defense Education Act, is made permanent with 
the present $15 million authorization. 

Part B ; A one-year extension of the National Defense Education 
Act with a variety of relatively minor amendments. 

Part C ; A two year extension of Public Laws 815 and 874, provid- 
ing aid for education in Federally-impacted areas. 

7. Manpower Development and Training Act Amendments of 1963 -- P.L. 88-214. 

On December 19, 1963, President Johnson signed the MDTA Amendments of 
1963 which extend the Act for an additional year and broaden its provisions. 

The 1963 Amendments ; 

1) Lower the age of youths eligible for training allowances from 
19, as in existing act, to IJ. The 17-year olds would have to have been 
out of school at least a year . 

2) Permit up to 25 percent of the persons receiving training 
allowances to be youths under 22 years of age. (Present law limits youth 
training allowances to 5 percent of the total training allowances .) Exclude 
youths able to benefit from the provisions of the Vocational Education Act 
of 1963. 

3) Put off until F.Y, 1966 State matching requirements. (Previous 
law required 50-50 matching to begin in F.Y. 1965.) The amendments require 
cne-third matching by States in F.Y. 1966. 

4) Add 20 weeks of allowances to trainees who are taking basic 
education training. Precise determination of occupational objectives for 
these trainees need not be made before educational training begins. 

5) Permit increases in the weekly training allowance to $10 above 
the State unemployment insurance payment, which was the upper limit. This 
provision is designed as an incentive to get unemployed workers to seek 
training rather than draw unemployment pay. 

6) Permit trainees to work up to 20 hours part-time without any 
loss in training allowances. 

7) Reduce to 2 years the prior work experience required for 
trainees to be eligible. (Previous law required 3 years.) 



21 - 



8) Permit a member of the family , where the head is unemployed, 
to receive a training allowance. Only one person In the family group is 
eligible at any one time. (Previous law limited training allowances to 
heads of households .) 

9) Provide, through demonstration projects, grants and/or loans 
to unemployed workers to help finance their relocation expenses. 

10) Title I ; Extends for one more year (through F.Y. 1966) present 
authorization of $3 million/fiscal year for information, evaluation, and 
research programs. 

Title II: Authorizes $161 million for F.Y. 1964, $407 million for 
F.Y. 1965, and $281 million for F.Y. 1966 for the training programs. (Pre- 
vious law authorized $161 million for each of fiscal years 1964 and 1965.) 

Title III; Extends for one more year (through F.Y. 1966) present 
authorization of $1 million/fiscal year for preparing the Secretaries' 
reports and other miscellaneous expenses. 

8. Civil Rights Act of 1964 — P.L. 88-352. 

The main provisions of the bill are designed to insure equal opportu- 
nity in voting, access to public accommodations and public facilities, 
education, and employment; to end discrimination in Federally-assisted pro- 
grams; to create a Community Relations Service; and to extend the life and 
broaden the functions of the Civil Rights Commission. 

Major provisions of the legislation 

Voting rights : Title I amends the existing voting rights guaran- 
tees of the Civil Rights Acts of 1957 and 1960. It is aimed directly at 
practices resulting in unequal application of voter registration require- 
ments. It specifically provides that registration may not be refused by 
reason of immaterial errors or omissions in application forms; literacy 
tests may be used to determine voter qualification only if they are 
administered in writing to all prospective registrants, and if copies of 
the test and an Individual's answers are available to him upon request. 
Sixth grade education is made presumptive evidence of literacy. As in the 
case of the other titles authorizing the Attorney General to take enforce- 
ment action, there are provisions for expediting litigation. Including the 
assignment of cases to a three-judge court upon request of the Attorney 
General. Unlike the other titles of the Act, however. Title I retains the 
limited criminal contempt provisions of the earlier Civil Rights Acts, 
giving a right to jury trial only where punishment of the contempt is severe. 

In the other titles of the Act there is emphasis on procedures of 
conciliation and compromise, and upon opportunity for local action prior to 
Federal enforcement. But in dealing with the basic democratic franchise. 
Title I places emphasis on prompt Federal enforcement. 

- 22 - 



Public accommodations ; Title II secures to all persons the full 
and equal enjoyment of places of public accommodation. 

As the proposed Civil Rights legislation moved through Congress, 
this title of the Act, more than any other, took on symbolic significance 
for Civil Rights advocates. The denial of equal access to places of public 
accommodation had been first and foremost a grating indignity. Beyond its 
moral unacceptability, discrimination in public accommodations has been a 
very real "brake" on the development of the Country's human and economic 
resources. Travel and investment have been discouraged; the limitation upon 
full enjoyment of the normal incidents of American society and culture has 
been one cause of the cultural deprivation, to the correction of which so 
much of our efforts are directed. As Secretary Anthony J. Celebrezze wrote 
in his August 9, 1963 letter to Senator Warren G. Magnuson, Chairman of the 
Senate Committee on Comnerce: 

"... The knowledge that racial barriers are being removed 
from public accommodations, education, employment, housing, 
and in numerous other areas of our daily life will provide . . . 
strong motivation for success. Full opportunity will spark 
ambition. An earnest ongoing effort to eliminate all forms 
of racial discrimination by both public and private action 
is an inseparable part of the proposed program to combat the 
illiteracy and inadeqtiate skills of a substantial fraction of 
our populace. "--U.S. Senate, 88th Congress, 1st session, 
Conmittee on Commerce, Hearings on S. 1732, p. 10. 

Providing equal access to public accommodations is thus a necessary corol- 
lary to the other portions of the Act designed to provide equal opportuni- 
ties in education and employment, and to other programs in welfare and 
education. There can be no achievement without aspiration, and there will 
be no aspiration without genuine opportunity, including full acceptance as 
a member of the public without regard to race, color, or national origin. 

The concept of open access to places of public accommodation is not 
new to the Anglo-American legal tradition. For many centuries the English 
courts have held that innkeepers and blacksmiths commit their property to 
a use affected with the public interest; and, profiting from the general 
comnerce, must make their goods and services generally available. In the 
United States, over 30 of the States already have laws prohibiting discrim- 
ination in public accommodations. 

Places of public acccwmodation within the Act are: 

Inns, hotels, motels and other establishments providing 
transient lodging, except owner-occupied boarding houses 
offering not more than five rooms for hire; 



23 - 



Restaurants, cafeterias, lunchrooms, lunch counters, soda 
fountains, and other facilities principally engaged in 
selling food for consumption on the premises; 

Gasoline stations; 

Motion picture houses, theatres, concert halls, sports 
arenas, staditms, and other places of exhibition or enter- 
tainment. 

All such establishments are covered if their operations "affect 
comnerce " within the meaning of the Act. Inns, hotels, motels, and other 
places of lodging are deemed to affect commerce; eating places and gasoline 
stations affect commerce if they offer to serve interstate travelers, or if 
a substantial portion of the products they sell have moved in interstate com- 
merce; places of entertainment and exhibition affect commerce if they custom- 
arily present or exhibit entertainment which has moved in interstate commerce. 
Also included within the Act are establishments which, although they do not 
themselves affect commerce, are located in and offer to serve patrons of an 
establishment which does affect conmerce; for example, hotel barber or beauty 
shops. 

Title II broadly occupies the legislative area, rendering ineffec- 
tual any State law or other State action requiring or supporting discrimina- 
tion. 

The provisions of Title II may be enforced by an injunction suit 
brought by any aggrieved party, in which the Attorney General may intervene. 
The Attorney General may also Institute such suits independently, when he 
has reasonable cause to believe that a person or group is engaged in a pattern 
or practice of resistance to Title II. 

Where a State or locality has a law prohibiting discrimination in 
public accommodations, thirty days notice must be given to the State or 
local officials before suit may be brought. When suit is brought in a 
Federal court, if the court believes there is a reasonable possibility of 
obtaining voluntary compliance, the natter may be referred by the court to 
the Community Relations Service established by Title X for conciliation for 
a period of not more than 120 days. 

Desegregation of Public Facilities ! The Supreme Court has clearly 
and frequently decided that a person is denied equal protection of the laws 
within the meaning of the 14th Amendment when a State denies him equal 
utilization of any publicly owned or operated facility. Notwithstanding 
many court decisions applying this principle to a variety of govemmentally- 
owned or operated activities, such as public beaches, golf courses, and play- 
grounds, many public facilities have continued to be operated on a segregated 
basis. 



24 - 



Either economic circumstance or fear of reprisal may result in 
an individual's being unable to maintain appropriate legal proceedings to 
compel the desegregation of such facilities. Title III therefore authorizes 
the Attorney General to initiate proceedings to desegregate public facilities 
when individuals are unable, for either reason, to undertake or maintain 
proceedings by themselves. 

Title III authorizes the Attorney General, upon the written com- 
plaint of an individual that he is being denied equal utilization of a 
public facility, to institute legal action to compel desegregation of the 
facility, if the complaint is meritorious and the institution of the action 
will materially further orderly desegregation of public facilities. 

Desegregation of Public Education : Title IV has two main purposes. 
First, it authorizes the Cotranissioner of Education to establish training 
institutes and to provide, upon application by local school authorities, 
technical assistance and financial aid to assist in dealing with problems 
incident to desegregation. Second, it authorizes the Attorney General to 
institute suits seeking desegregation of public schools where the students 
or parents involved are unable to bring suit and where such a suit would 
materially further the orderly achievement of desegregation in public educa- 
tion. 

In the long interval since the historic decision in Brown v. Board 
of Education in 1954, there has been visible resistance to desegregation of 
public education in many areas. But it is clear that either through volun- 
tary compliance or by court order, those districts which have not yet faced 
their legal responsibilities must desegregate. The provisions of Title IV 
empowering the Commissioner to give technical and financial assistance to 
school districts will, in the words of Attorney General Robert F. Kennedy, 
"smooth the path upon which the Nation was set by the Brown decision." 

Title IV recognizes the hard fact that "special education problems" 
exist for school administrators, teachers, and pupils alike when, after a 
long history of segregation in public education, an area begins the process 
of desegregation. Special educational and human relations problems may 
arise, for example, out of the social and educational backgrounds of pupils 
who have heretofore attended segregated schools; prior lack of availability 
of equal educational opportunities to Negroes may create curricular, grad- 
ing, classroom, and other difficulties in racially integrated schools serv- 
ing children of varied scholastic backgrounds. Special training of teachers 
and other school personnel may enable them to deal more effectively with 
human relations problems incident to desegregation. 

Title IV meets the need to provide assistance in several ways: 

Technical assistance may be furnished by the Commissioner of 
Education, when requested by local authorities. Assistance 



- 25 - 



in the preparation, adoption, and implementation of plans 
for desegregation may include the distribution of informa- 
tion regarding special educational problems incident to 
desegregation, and making personnel of the Office of 
Education or other special consultants available for advice 
and assistance to local authorities. 

Training Institutes may be established by the Commissioner 
of Education through grants or contracts with institutions 
of hi^er education, for the purpose of improving the 
ability of teachers and other elementary and secondary 
school personnel to deal effectively with special educational 
problems occasioned by school desegregation. Persons attend- 
ing such institutes on a full-time basis may receive stipends 
and travel allowances. 

Grants mav be made , upon application of a school board, to 
pay the costs of giving inservice training to teachers and 
other school personnel, and to employ specialists to advise 
school personnel in problems incident to desegregation. 
It is not necessary that a school board have adopted a 
formal desegregation plan in order to become eligible for 
technical assistance. Nor is assistance restricted to 
schools desegregating under court order. The function of 
the Commissioner of Education is purely cooperative, not 
coercive; he may act only upon the request of local school 
authorities. 

Title IV also directs the Conmissioner of Education to conduct a 
survey concerning the lack of availability, by reason of race, color or 
national origin, of equal educational opportunities in public educational 
institutions at all levels, and to report, within two years to the President 
and Congress. It is the purpose of this provision to procure complete and 
accurate information concerning segregation and other factors affecting 
eqiial educational opportunity. 

As in other portions of the Act, the provisions authorizing suit 
by the Attorney General emphasize that voluntary compliance will be sought 
prior to enforcement . Before the Attorney General may institute a school 
desegregation suit he must give notice to the local school authority that a 
complaint has been made to him; and, upon filing suit, he must certify that 
he is satisfied that the local school authority has had reasonable time to 
adjust the conditions complained of. Here, as in Title III, enforcement by 
public suit is designed to ensure that neither an individual's economic cir- 
cumstances nor his fear of reprisal will prevent the law from being given 
effect. 



- 26 



Equality of educational opportunity is prerequisite to meaningful 
equality of opportunity in employment. Disproportionate unemployment among 
nonwhites is unquestionably related to the fact that about one-third of 
the 3 million adults in this country who cannot read or write are nonwhites; 
also to the fact that 25 percent (or 2.3 million) of the nonwhites 25 years 
of age or older did not complete five years of schooling (compared with 7 
percent of the adult white population); and to the fact that almost half 
of the adult nonwhites in the country today did not finish grade school 
(compared with about 20 percent of the whites) . The greater economic oppor- 
tunities afforded by non-discriminatory employment practices, (guaranteed 
by Title VII) will be of advantage only to those who, by reason of education 
and training, are able to compete for jobs offered on a non-discriminatory 
basis. The long range effect of Titles IV and VII will be to offer meaning- 
ful equality of opportunity. 

Civil Rights Commission ; Title V extends the life of the Civil 
Rights Commission for three years . Since its creation in 1957, the Commis- 
sion has engaged in research and conducted investigations in the areas of 
voting rights, and denials of equal opportunity and protection in housing, 
education, employment, and the administration of justice. It has issued 
reports and recommendations in these areas which have shed needed light 
iipon discriminatory practices and denials of equal protection. Title V 
gives broader definition to the Commission's duties and directs it to sub- 
mit interim and final reports to the President and Congress on: investiga- 
tions of alleged denials of voting rights; studies of developments in law 
and the administration of justice which constitute denials of equal protec- 
tion; its activities as a national clearinghouse for information in respect 
to denial of equal protection in various fields, including voting, housing, 
education, employment, the use of public facilities and transportation, and 
the administration of justice. 

Non-discrimination in Federally-Assisted Programs ; Prior to the 
enactment of this bill, numerous questions of statutory interpretation made 
it uncertain in many instances whether authority existed to condition Federal 
financial assistance upon assurances of non-discrimination . Some statutes, 
such as the Hill-Burton Hospital and Medical Facilities Construction and the 
Morrill Land-Grant College Acts made specific provision for "separate but 
equal" facilities; in others, the statutory provisions were thought to be a 
mandate to extend assistance when the statutory requirements were met, even 
though the grantee practiced discrimination In administering the funds. In 
some areas, however, the Department of Health, Education, and Welfare was 
able to, and did, condition assistance upon assurances of non-discrimination. 

Title VI expresses the Congressional Intention that "No person in 
the United States shall, on the ground of race, color, or national origin, 
be excluded from participation In, be denied the benefits of, or be subjected 
to discrimination under any program or activity receiving Federal financial 
assistance." As such, it provides a clear direction that all activities 



27 



which the Department aids through contract, grant, loan, or otherwise must 
be administered on a non-discriminatory basis and thereby resolves previous 
uncertainties regarding legal authority to withhold funds. It is now clear 
that the "simple justice" of which President Kennedy spoke will become a 
reality — the administration of Federally-assisted programs and the collection 
of Federal taxes will be equally color-blind. 

Title VI requires each Federal department and agency to effectuate 
the provisions of the title "by issuing rules, regulations, or orders of 
general applicability," which are subject to Presidential approval, and which 
must be consistent with the objectives of the statute authorizing the finan- 
cial assistance. The title is to be given effect through such regulations, 
and through other means authorized by law. 

As in the other titles of the Act, the emphasis is on a first 
attempt at voluntary solution of problems. No agency action terminating or 
refusing assistance may be taken until the recipient has been notified that 
he is not in compliance with the agency's requirements, and it has then been 
determined that voluntary compliance cannot be secured. Following such a 
determination, the agency must give an opportunity for hearing and make a 
finding of non-compliance based on the record. No agency action cutting off 
funds is effective until 30 days after the appropriate legislative committees 
have been furnished a full written report of the action. Judicial review of 
agency action may be had under any specific provisions included in any statute 
authorizing assistance, or under the Administrative Procedure Act. 

Equal Employment Opportunity ; Voting rights, education, and access 
to public accommodations mean little on an empty stomach, and with empty 
pockets. The other titles of the Act cannot achieve their intended effect, 
of eliminating race from American life, unless all Americans are afforded a 
measure of economic democracy; it would do no good to raise aspirations and 
encourage achievement if the opportunity to secure the material benefits of 
our abundant society were not made equally available to all. 

It is a fact that nonwhites have represented an excessive portion 
of the unemployed . Not only has the unemployment rate been higher for non- 
whites, but they have made up a consistently higher percentage of long-term 
unemployed. One-fourth of those who have been without work for six months 
or longer are nonwhites, but nonwhites constitute only one- tenth of the 
labor force. To some extent, these facts result from lack of essential 
skills and education; this, in turn, has often been due to inequality of 
educational opportunities. But over and above this, there has been out- 
right discrimination in employment practices. 

Title VII (which takes effect July 2, 1965) makes discrimination 
in employment, referral for employment, and compensation unlawful; it also 
forbids exclusion from union membership and apprenticeship and training 
programs on racial grounds. Initially, the Act covers only employers of 



- 28 - 



100 or more employees; by the fourth year, employers of 25 or more employees 
will be covered. Employers may differentiate between employees based on 
bona fide merit systems. But race, color, religion, sex, or national origin 
may play a part in employment only where they are, by reason of the occupa- 
tion, bona fide occupational qualifications. 

Title VII creates an Equal Employment Opportunity Commission , to be 
appointed with the advice and consent of the Senate. While the Commission 
is empowered to refer matters to the Attorney General, and in certain 
limited situations to bring suit to enforce compliance with court decrees 
already made, the burden of its functions are conciliatory. The Comnission 
may, upon request, offer its services to assist in conciliation of problems 
arising in the enforcement of this Title. It may also conduct appropriate 
technical studies, and make the results of such studies public. 

Enforcement in the courts is left largely to private individuals, 
except where a pattern or practice of resistance exists, in which case the 
Attorney General may bring suit. As in other titles of the Act, the first 
opportunity is for local enforcement where a State has a fair employment 
practices law. In addition, the Commission is empowered to enter agree- 
ments with State authorities, giving them jurisdiction over particular 
classes of cases. 

The President is directed to convene conferences immediately, to 
acquaint the leaders of groups whose members will be affected by the Title 
with its provisions, and for the purpose of making plans for fair and effec- 
tive administration when all its provisions become fully effective. 

Registration and Voting Statistics ; Title VIII directs the 
Secretary of Conmerce to promptly conduct a survey to compile statistics 
on registration and voting in geographic areas of the country recommended 
by the Civil Rights Commission. 

Intervention and Removal ; Title IX provides that the Attorney 
General mav intervene in cases of general public importance, in which there 
is an alleged denial of equal protection of the laws under the 14th Amendment. 
It also governs procedure on appeals from orders remanding cases to State 
courts after removal. 

Community Relations Service ; On January 20, 1959, then- Senator 
Lyndon B. Johnson introduced S. 499, "A Bill to establish a Community 
Relations Service to provide conciliation assistance in communities when 
disagreements or difficulties among citizens are disrupting, or are threaten- 
ing to disrupt, the peaceful life of the community." The Statement of 
Purpose of that bill declared: 



- 29 



"The use of force In any manner as a means of trying 
to solve these disagreements not only falls to produce 
satisfactory solutions but also tends to aggravate the 
disagreements and to create new problems. Frequently 
the citizens who are Involved in or affected by any such 
disagreement lack a satisfactory means of communicating 
with one another and of expressing their views directly 
to citizens of opposing views. As a result, mutually 
satisfactory solution to the problems caused by the dis- 
agreement is made difficult, and some times impossible 
of attainment." 

The establishment of the Conmunity Relations Service as a concil- 
iating body has gained life in Title X of the Civil Rights Act of 1964. 
President Johnson emphasized the Importance of the role he expects the 
Service to play by naming former Florida Governor LeRoy Collins as Director, 
on the same day the bill was signed into law. The Service may offer to 
conciliate disputes either upon its own motion or upon the request of an 
appropriate State or local official whenever, in the judgment of the Service, 
"peaceful relations among the citizens of the conmunity Involved are 
threatened." 

Jury Trials; Double Jeopardy ; Title XI requires trial by jury of 
all criminal contempt proceedings under Titles II through VII except simimary 
punishment for contempts committed in the presence of the court or so near 
thereto as to obstruct the administration of justice. 

The title also provides that conviction or acquittal of a specific 
crime under the laws of the United States shall be a bar to criminal con- 
tempt proceedings under the Civil Rights Act for the same act or omission. 
Similarly, prior conviction or acquittal in a criminal contempt proceeding 
under the Act is a bar to future criminal proceedings for the same act or 
omission. 

9. Juvenile Delinquency and Youth Offenses Control Act Extension -- 
P.L. 88-368. 

On July 9 President Johnson signed Public Law 88-368, which provided 
a two year extension of the- Juvenile Delinquency and Youth Offenses Control 
Act (P.L. 88-274). In addition to authorizing continuation of the programs 
which have been carried out under the original enactment, the legislation 
calls for a study of the compulsory school attendance and child labor laws 
to determine their effect on delinquency and youth offenses. It also makes 
provisions for the development and carrying out of a National Juvenile 
Delinquency Demonstration Project in the Washington Area. 



30 - 



Ma lor provisions 

Continues authorization of demonstration and evaluation 
projects, training of personnel, and provision of technical 
assistance. 

Directs the Secretary of Health, Education, and Welfare 
to make a special study of the compulsory school attendance 
laws and of the laws and regulations affecting the employ- 
ment of minors with a view to determining the effects of 
such laws and regulations on juvenile delinquency and youth 
offenses. Requires the Secretary to submit an interim 
report on the results of the study to the appropriate Con- 
gressional committees by June 30, 1965, and to report finally 
and to make recoinnendatlons for legislative or executive action 
by January 31, 1966. 

Directs the Secretary to formulate and carry out a special 
project in the Washington, D. C. metropolitan area, to 
demonstrate the effectiveness of a large scale, well-rounded 
program for the prevention and control of juvenile delinquency 
and youth offenses. The project is to include guidance and 
counseling services supplementary to those provided by the 
public school system, and the establishment of halfway houses. 

Authorizes an appropriation of $10 million for the fiscal year 
1965 for demonstration and training programs under the Act; 
and authorizes an appropriation of $5 million for the National 
Juvenile Delinquency Demonstration Project. 

10. The Economic Opportunity Act of 1964 — P.L. 88-452. 

On August 20, 1964, President Johnson signed into law the "Economic 
Opportunity Act of 1964." The purpose of the new legislation is "to mobilize 
the human and financial resources of the Nation to combat poverty in the 
United States." Recognizing the need for such legislation, the President 
in his 1964 State of the Ifeion Message, had said: 

"Unfortunately many Americans live on the outskirts 
of hope--s<wie because of their poverty, and some because of 
their color, and all too many because of both. Our task is 
to help replace their despair with opportunity. 

"This administration today here and now declares uncondi- 
tional war on poverty in America. I urge this Congress and 
all Americans to join with me in that effort. 



- 31 - 



"It will not be a short or easy 8truggle--no single weapon 
or strategy will suffice — but we shall not rest until that war 
is won. The richest nation on earth can afford to win it." 

The enactment of this legislation brought to fruition a major legis- 
lative effort which was begun in January, when, in his State of the Union 
Message to Congress, President Johnson declared an "unconditional war on 
poverty in America." The President gave further emphasis to this objective 
in his budget message later in January, and the legislative proposals con- 
stituting the Economic Opportunity Act were made in a Special Message to 
the Congress on March 16. After hearings and extensive debate in both 
houses, the bill was finally sent to the President for his signature on 
August 11th. 

The Act contains seven titles, each of which deals with a particular 
aspect of the poverty problem or the administrative authority to carry out 
the Act. The Act establishes an Office of Economic Opportunity in the 
Executive Office of the President with responsibility for coordinating the 
poverty- related programs of all Federal agencies. The Office of Economic 
Opportunity (OEO) will operate a Job Corps, a program for Volunteers in 
Service to America (VISTA), a community action program, and special programs 
for migrant workers. In addition, the OEO will distribute ftmds to operate 
several programs authorized under the Act to existing agencies: the Depart- 
ment of Labor for work-training programs; the Department of Health, Educa- 
tion, and Welfare for work-study programs, adult basic education, and com- 
munity work and training programs for welfare recipients; the Department of 
Agriculture for special rural antipoverty programs; and the Small Business 
Administration for loans to small business. 

Major provisions 

A total of $412.5 million is authorized by Title I for three youth 



programs. 



A Job Corps is to be established to provide education, 
work experience, and vocational training in conservation 
camps and residential training centers. 

Work-training programs will be carried out under agree- 
ments with State and local governments or non-profit 
organizations to pay part of the cost of full- or part- 
time employment to enable young men and women, 16 to 21, 
to continue or restmie their education or to increase 
their employability. 



- 32 



Work study programs will be carried out under agree- 
ments with institutions of higher learning to pay 
part of the cost of part-time employment for under- 
graduate or graduate students from low-income families 
to permit them to enter upon or continue college level 
education. 

Title II authorizes $340 million for fiscal 1965 to provide 
assistance to community action programs. 

Grants will be made to pay up to 90 percent of the 
total costs of financing antipoverty programs planned 
and carried out at the community level. 

Grants will be made to States to provide basic educa- 
tion and literacy training to adults. 

An information and coordination center will be 
established to encourage voluntary assistance for 
deserving and needy children. 

Title III authorizes $35 million for programs to combat poverty 
in rural areas. 

Loans up to $2,500 may be made to very low- income rural 
families where such loans are likely to produce a 
permanent increase in the income of such families. The 
Director of GEO also may make loans to low-income family 
cooperatives. The programs will be administered by the 
Department of Agriculture. 

Assistance is to be extended to States to establish and 
operate housing, sanitation, education, and child-care 
programs for migrant farm-workers and their families. 

Indemnity payments are authorized to be made to farmers 
for milk which had to be removed from the market because 
of pesticide contamination. 

Title IV authorizes the GEO to make, participate in, or guarantee 
loans to a small business firm of up to $25,000 on more liberal terms than 
is possible under the regular loan provisions of the Small Business Act. 

Title V authorizes the Director of GEO to transfer funds ($150 
million the first year) to the Department of Health, Education, and Welfare 
to pay costs of experimental, pilot, or demonstration projects designed to 
stimulate the adoption by the States of programs providing constructive 
work experience or training for unemployed fathers and other needy persons. 



33 



Title VI authorizes the Director of OEO to recruit and train 
Volunteers in Service to America (VISTA) to serve in specified mental 
health, migrant, Indian, and other Federally-related programs including 
the Job Corps, as well as in State and community antipoverty programs. 

Title VII contains provisions relating to the treatment of income 
received under Titles I, II, and III of this Act for purposes of determin- 
ing eligibility for public assistance. 

The legislation thus contemplates a broad-based attack upon the 
many root causes of poverty. In recent years, school dropout and unem- 
ployment among unskilled youth have both been thought to be causes of 
juvenile delinquency. Through the youth programs of Title I, the Act is 
designed to provide them vrork experience and the opportunity for continued 
education. Economic necessities have prevented some students from continu- 
ing their education at higher levels. For those in this category, the 
work-study program offers a means of obtaining a college education through 
part-time employment on or off the campus. 

The Community Action programs under Title II seek to bring to 
bear the full resources and initiative of local communities to combat poverty. 
The Federal Government's role is to provide counsel and help when requested, 
and to make available financial assistance in meeting the costs of community 
programs. Because of the wide variation in programs which can be expected 
to result from differences among communities, the commtinitles and partici- 
pating local organizations will have a maximum of flexibility to develop 
their own approaches. It is expected that these programs will be conducted 
in such fields as employment. Job training and counseling, health, vocation- 
al rehabilitation, housing, home management, welfare, special remedial and 
other noncurricular educational assistance. 

The adult basic education program of Title II Is designed to 
stimulate and to aid, through grants to States, the development of programs 
of instruction for the almost 11.5 million adults in the United States whose 
inability to read and write or to perform simple arithmetic makes It diffi- 
cult for them to get and keep jobs. 

Title III programs are specifically directed to special problems 
of poverty In rural areas. The farm improvement loan program seeks to give 
basic financial stability to an estimated 500,000 farm families living at 
poverty levels who are unable to obtain credit from the Farmers Home 
Administration. These families cannot obtain credit from normal private 
sources, and they are so poor and their farming operations so inadequate 
that they presently have no debt-paying ability and are unable to satisfy 
the eligibility requirements of the Farmers Home Administration. Title III 
also provides special programs of assistance to migrant farm-workers and 
their families. Among the problems affecting this group, educational 



- 34 



deficiency is the most pressing. The average farm-worker over 25 has 
completed only 6.5 years of school, as compared to 11 years of school for 
the general population. Through the extreme hardship of their existence, 
the migrants' educational handicap is usually passed on to their children. 
By means of loans, loan guarantees, and grants, the OEO will assist States 
and localities, as well as private non-profit organizations, to establish 
and operate programs to meet the special needs of migrant workers and their 
families in the fields of housing, sanitation, education, and day care of 
children. 

The small business loan and management training programs to be 
carried out under Title IV by the Small Business Administration will 
afford opportunity to those with ability and initiative to enter, or to 
improve their position in, the commercial structure as entrepreneurs. The 
operators of these very small businesses experience problems similar to 
those of the farm families assisted under Title III — they are unable to 
obtain credit from normal sources. This creates instability in such enter- 
prises, and through the failure of these businesses restricts needed sources 
of employment. Fxmds for these programs will be provided by $25 million of 
SBA's regular spending authority. 

Title V provides work experience programs for unemployed fathers 
and other needy persons. The Act explicitly provides that maximum use 
shall be made of the Manpower Development and Training Act and the Vocational 
Education Act. Many unemployed persons now receiving some type of public 
assistance are so lacking in knowledge and skills because of prolonged 
unemployment that they are not ready for training programs such as those 
offered under the Manpower Development and Training Act. Since the passage 
of the Public Welfare Amendments of 1962, States have been able to establish 
community work and training programs as part of their programs of aid to 
families with dependent children. Title V would expand programs designed 
to help unemployed fathers and other needy persons to secure and retain 
employment and to attain the capability for self-support through authorizing 
the Director of the OEO to transfer $150 million of 1965 funds appropriated 
for Title V to the Secretary of Health, Education, and Welfare to make pay- 
ments under Section 1115 of the Social Security Act for experimental, pilot, 
or demonstration projects in this area. 

Voluntary efforts will be mobilized through the creation of Volun- 
teers in Service to America (VISTA), a "domestic Peace Corps." The OEO 
will recruit, select, and train individuals who volunteer their services 
for a period (normally one year). Once trained, voltmteers may be referred, 
upon the request of a State or local government agency, or a non-profit 
organization, to perform duties in furtherance of programs combating poverty 
at the State or local level. Or, they may be assigned to work in various 
activities which have a relation to the responsibilities of the Federal 
government . 



35 



Finally, Title VI seeks a reasoned and coordinated approach to 
the problems of poverty through several provisions, including the creation 
of an Economic Opportunity Council made up of the Secretaries of Defense; 
Interior; Agriculture; Commerce; Labor; and Health, Education, and Welfare; 
the Attorney General, and other officials. There is also created a 
National Advisory Council, to be appointed by the President, to advise the 
Director of the OEO in carrying out the Act. 

11. Foster Care for Dependent Children -- P.L. 88-641. 

On October 13, 1964, President Johnson signed P.L. 88-641, which 
extended and broadened the provisions authorizing Federal participation 
in payments to needy families. 

Major provisions 

Authority for Federal matching pajmients for children placed 
in non-profit private child-care institutions is extended 
until June 30, 1967. 

The definition of "dependent child" is broadened to include 
children in high school, or vocational or technical training 
programs up to age 21. 

In order to give the States an alternative to leaving children in 
unsuitable homes or caring for them elsewhere without Federal participation 
in the costs, the Congress in 1961 enacted a temporary provision for Federal 
participation, under limited circumstances, in the cost of care in foster 
family homes. This applied to children who had been receiving aid to 
dependent children but who had been removed by a court from homes found 
contrary to the welfare of the child. 

In the Public Welfare Amendments of 1962 the provision for Federal 
participation in the cost of care in foster family homes was made permanent 
and the Congress extended the provision to include care in non-profit private 
child-care institutions so that whatever facility is most appropriate for a 
particular child may be used. The costs authorized to be paid to an insti- 
tution were for the same items as if a child were in the foster family home 
of an individual. Authorization under the 1962 Amendments expired Septem- 
ber 30, 1964, and is extended by this legislation for an additional 33 
months . 

The provision broadening the age limit from 18 to 21 years of age 
is in recognition of the fact that children who have reached 18, and would 
be ineligible under existing law, may remain dependent while they are 
pursuing an educational program. As noted by the Senate Report, "the . . . 
sharp cutoff at age 18 may have the effect of forcing just those children 
to leave school who are most in need of a high school education or voca- 
tional training if they are to become self-sufficient and stay off the 
welfare rolls." 



- 36 - 



12. OASDI, and Other Amendments to the Social Security Act and the Internal 
Revenue Code of 1954 — P.L. 88-650. 

On October 13, 1964, President Johnson approved P.L. 88-650, which 

amended Titles II, X, and XVI of the Social Security Act; and Subtitle A, 

Chapter 2, and Subtitle C, Chapters 21 and 23, of the Internal Revenue Code 
of 1954. 

Major provisions 

The OASDI program is amended to permit a disabled 
worker to establish the beginning of his disability 
for purposes of social security protection, as of 
the date when he files his application. 

The Internal Revenue Code of 1954 is amended to extend 
through April 15, 1965, the time within which ministers 
(including Christian Science practitioners) can elect 
to be covered under social security. 

Earnings of certain employees of local soil and water 
conservation districts in the State of Oklahoma, which 
were erroneously reported, are validated for social 
security coverage purposes. 

Payments made by an employer to a newly-hired employee 
for reimbursement of moving expenses in reporting to 
his place of employment are excluded from the defini- 
tion of wages for social security and unemployment 
Insurance purposes, to conform with the income-tax 
withholding procedures authorized by the Revenue Act 
of 1964. 

Titles X and XVI of the Social Security Act are amended 
to allow the States at their option to extend from the 
present 12 months to a maximum of 36 months the period 
within which specified amounts shall be exempted in 
determining need for eligibility under aid to the blind 
programs. 



- 37 



Legislation in the 89th Congress, January-April, 1965 

1. Appalachian Regional Development Act of 1965 -- P.L, 89-4. 

President Johnson, in signing on March 9, 1965, the Appalachian Regional 
Development Act of 1964, was marking the culmination of consideration of 
problems of Appalachia by two sessions of Congress, by a Presidential com- 
mission, and by the Conference of Appalachian Governors. The Act provides 
for public works and economic development programs and the planning and 
coordination needed to assist in the development of the Appalachian region. 

Major Provisions of the Legislation 

Creation of the Appalachian Regional Commission ! The Act establishes 
an Appalachian Regional Commission consisting of the Federal Cochairman 
appointed by the President by and with the advice and consent of the Senate 
and one member from each participating State. The States involved are 
Alabama, Georgia, Kentucky, Maryland, North Carolina, Ohio, Pennsylvania, 
South Carolina, Tennessee, Virginia, and West Virginia. The law also pro- 
vides for New York entry into the program. Commission decisions require 
the vote of the Federal Cochairman and by a majority of the State repre- 
sentatives. The Commission has as its major functions the development of 
comprehensive and coordinated plans for the Region, conducting research, 
studies, and demonstration projects designed to foster regional productiv- 
ity and growth, reviewing and making recommendations on public and private 
programs in the areas, and encouraging and reviewing the activities of local 
development districts and other means for economic growth in the region. 

Special Appalachian Programs : Title II of the Act authorizes funds 
for an Appalachian Highway System, for the building of local access roads; 
for the construction, equipping, and operation of multicounty demonstration 
health facilities; for a program of land stabilization, conservation, and 
erosion control; for timber development organizations, for mining area 
restoration, and for a water resource survey. Increased funds are made 
available for vocational education facilities, for sewage treatment works, 
and for supplementing Federal grants-in-aid for the construction and equip- 
ping of facilities. 

Local Development Districts ! Title III provides for support for 
administrative activities of local development districts and for research 
and demonstration projects. 

Authorizations; For carrying out the highway program, $840,000,000 
are authorized. For other activities under the Act, $252,400,000 are 
authorized for appropriation in fiscal years 1966 and 1967, to be available 
until expended. 



- 38 - 



2. Elementary and Secondary Education Act of 1965 — P.L. 89-10. 

On April 11, 1965, President Johnson signed the Elementary and Secondary 
Education Act, saying that he believes the Act "means more to the future of 
America" than any law he ever will sign. 

Major Provisions of the Legislation 

Grants for Education of Children of Low Income Families ! Title I 
is designed to encourage and support the establishment, expansion, and 
improvenent of special programs, including the construction of school facil- 
ities where needed, to meet the special needs of educationally deprived 
children of low-income families. Public school districts would be eligible 
for pa3ra»ents for programs designed to meet the special educational needs of 
children in school attendance areas having high concentrations of dis- 
advantaged children. In these areas, the school district would design special 
educational services and arrangements, including those in which all children 
in need of such services could participate. These special programs include 
dual enrollment (shared services) arrangements, educational radio and tele- 
vision, mobile educational services and equipment, remedial education, pre- 
school or afterschool programs, additional instructional personnel, equip- 
ment and facilities, and others judged necessary for improving the education 
of disadvantaged children. Local educational agencies would be eligible for 
payments equal to one-half the average per pupil expenditure in that State 
multiplied by (a) the number of children (aged 5-17) in families having an 
annual inccsne of less than $2,000; and (b) the number of children in families 
receiving payments over $2,000 under the program of Aid to Families with 
Dependent Children. For the second and third year Congress would determine 
the "low income factor." Federal funds made available under this title 
would be used essentially for improving the education of educationally de- 
prived students. States and local educational effort must be maintained. 
Funding for fiscal year 1966 is approximately $1.06 billion. 

School Library Resources. Textbooks, and Other Instructional 
Materials : Title II provides for a 5-year program to make available for 
the use of school children school library resources and other printed and 
published instructional materials including textbooks. A State plan would 
provide for a method of making available materials for the use of all school 
children in the State. Title to all of these materials and control and 
administration of their use would be vested only in a public agency. Mate- 
rials purchased with Federal fimds would, when made available for use of 
students in nonpublic schools, be the same as those used or approved for use 
in the public schools of the State. Fiscal year 1966 funding is $100 million. 

Supplementairy Educational Centers and Services : Title III estab- 
lishes a 5-year program to provide vitally needed educational services not 
available in sufficient quantity or quality in elementary and secondary 



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schools and to develop and establish exemplary elementary and secondary school 
educational programs to serve as models for regular school programs. Special 
personnel, equipment, and other costly educational services not normally 
available in most schools would be made available in centers for the widest 
possible participation of the entire community. Funding for fiscal year 1966 
is $100 million. 

Educational Research and Training; Cooperative Research Act; 
Title IV authorizes the training of research personnel and improved dissemi- 
nation of information derived from educational research development. Author- 
ity would be granted to utilize the research competence of research organiza- 
tions not now eligible to contribute to the program, such as private non- 
collegiate research organizations and professional associations. In addition, 
the program would provide for the construction and operation of research 
facilities to improve the quality of teaching in our schools and for the 
purchase of research equipment. Funding in 1966 is $45 million. 

Strengthening State Departments of Education : Title V establishes 
a 5 -year program to stimulate and assist in strengthening the leadership 
resources of State educational agencies. The State educational agency would 
Identify educational needs of the State and design programs to meet these 
needs. Funding in fiscal year 1966 is $25 million. 

3. Social Security Amendments of 1965 — H.R, 6675.* 

As stated in the report of the Committee on Ways and Means of the House 
of Representatives, the overall purpose and scope of the Social Security 
Amendments of 1965 are: 

PURPOSE 

"The overall purpose of H.R, 6675 is as follows: 

"First, to provide a coordinated approach for health insurance 
and medical care for the aged under the Social Security Act by estab- 
lishing-- 

"(1) A basic plan providing protection against the costs of 
hospital and related care financed through a separate payroll 
tax and separate trust fund; 

"(2) A voluntary 'supplementary' plan providing payments 
for physicians' and other medical and health services financed 
through small monthly premiums by individual participants 
matched equally by Federal Government revenue contributions; 
and 

* As of April 22, 1965, this had not been enacted into law. 

- 40 - 



"(3) A greatly expanded medical assistance program for the 
needy and medically needy which would combine all the vendor 
medical provisions for the aged, blind, disabled, and families 
with dependent children, now in five titles of the Social 
Security Act, under a uniform program and matching formula in 
a single new title. 

"Second, to expand the services for maternal and child health, 
crippled children, and the mentally retarded, and to establish a 
5-year program of 'special project grants' to provide comprehensive 
health care and services for needy children of school age or preschool 
age. 

"Third, to revise and improve the benefit and coverage provisions 
and the financing structure of the Federal old-age, survivors', and 
disability insurance system by-- 

"(1) Increasing benefits by 7 percent across the board 
with a $4 minlmimi increase for a worker retiring or who retired 
age 65 or older; 

"(2) Continuing benefits to age 22 for children attending 
school; 

"(3) Providing actuarially reduced benefits for widows at 
age 60; 

"(4) Liberalizing the definition and waiting period for 
disability Insurance benefits; 

"(5) Paying benefits on a transitional basis to certain 
persons currently 72 or over who are now ineligible; 

"(6) Increasing the amount an individual is permitted to 
earn without losing benefits; 

"(7) Amending the coverage provisions by: 

(a) Including self-employed physicians; 

(b) Covering cash tips; 

(c) Liberalizing the income treatment for self- 
employed farmers; 

(d) Improving certain State and local coverage 
provisions; 

(e) Exempting certain religious groups opposed to 
insurance; 



- 41 



"(8) Revising the tax schedule and the earnings base so as 
to fully finance the changes made; and 

"(9) Making other miscellaneous improvements. 

"Fourth, to improve and expand the public assistance programs by-- 

"(1) Increasing the Federal matching share for cash payments 
for the needy aged, blind, disabled, and families with dependent 
children; 

"(2) Eliminating limitations on Federal participation in 
public assistance to aged individuals in tuberculosis and mental 
disease hospitals under certain conditions; 

•'(3) Affording the States broader latitude in disregarding 
certain earnings in determining need for aged recipients of 
public assistance; and 

"(4) Making other improvements in the public assistance 
titles of the Social Security Act. 

SCOPE 

"The scope of the protection provided is broadly as follows: 

"Health insurance and medical care for the needy 

"(1) Basic plan. --It is estimated that approximately 17 
million insured individuals and 2 million uninsured would 
qualify on July 1, 1966. 

"(2) Voluntary Supplementary plan. --It is estimated that 
of the total eligible aged of 19 million, from 80 to 95 percent 
would participate, which would mean approximately 15.2 to 
18 million individuals would be involved. 

"(3) Medical assistance for needy. --The expanded medical 
assistance (Kerr-Mills) program is estimated to provide new 
or increased medical assistance to about 8 million needy 
persons during an early year of operation. States could, 
in the future, provide aid to as many as twice this number 
who need help with medical costs. 

"Old-age, survivors, and disability insurance 

"It is estimated that the number of persons affected imme- 
diately by changes in this title would be as follows: 



- 42 



Provision 



Number affected 



"7 -percent benefit increase ( $A minisium 
in primary benefit)—---— — - — ------ 

Child's benefit to age 22 if in school-- 
Reduced age for widows------------------ 

Reduction in eligibility requirement 

for certain persons aged 72 or over--- 
Liberalization of disability definition- 



"Fublic assistance 



20 million persons. 
295,000 children. 
185,000 widows. 

355,000 persons. 
155,000 workers and 
dependents. 



"It is estimated that some 7.2 million persons will be eligible 
for increased cash payments under the Federal-State matching pro- 
grams. Moreover, it is estimated that 130,000 aged persons in 
mental and tuberculosis hospitals will potentially be eligible for 
pajmients because of the removal of the exclusion of these types of 
institutions from matching under the public assistance programs." 



43 - 



* U. S. GOVERNMENT PRINTING OFFICE : 1965 O - 771-816 



1i